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Copyright - Rinkoff v Baby Cow Productions Ltd.

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Crying mask Melpomene and laughing mask Thalia Author Tim Green   Licence CC BY-SA 2.0   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels) Rinkoff v Baby Cow Productions Ltd [2025] EWHC 39 (IPEC) (17 Jan 2025) This was a claim for copyright infringement. The work in which copyright was alleged to subsist as an original dramatic work was the format of two series of comedy shows called "Shambles ". The individual who devised that format was the writer and comedian Joshua Rinkoff ("Mr Rinkoff") who performs under the name  Harry Deansway.   Mr Rinkoff alleged that Baby Cow Productions Ltd . ("Baby Cow") had copied his format to make a series called "Live at the Moth Club".  The action came on for trial before Recorder Amanda Michaels on 4 and 5 Nov 2024.  By her judgment of 17 Jan 2025, the recorder dismissed Mr Rinkoff's claim (see Rinkoff v Baby Cow Productions Ltd [2025] EWHC 39 (IP...

The Appeal - Thatchers Cider Company Ltd v Aldi Stores Ltd

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  Jane Lambert Court of Appeal (Lords Justices Arnold and Phillips and Lady Justice Falk)    Thatchers Cider Company Ltd v Aldi Stores Ltd [2025] EWCA Civ 5 (20 Jan 2025) This was an appeal by Thatchers Cider Company Ltd.  ("Thatchers") against the dismissal of its claim for trade mark infringement and passing off by Her Honour Judge Melissa Clarke in  Thatchers Cider Company Ltd v Aldi Stores Ltd [2024] EWHC 88 (IPEC) (24 Jan 2024).  I discussed that case in Trade Marks and Passing off - Thatchers Cider Company Ltd v Aldi Stores Ltd   on 24 Jan 2024.  The appeal was heard by Lord Justice Arnold, Lord Justice Phillips and Lady Justice Falk on 17 and 18 Dec 2024. Videos of the argument are available on YouTube (1 7 Dec 2024 10:30 - 13:00 ,  14:00 - 16: 15) ( 18 Dec 2024  10:30 - 13:00  and 14:00 - 16:15 ).  Judgment was handed down on 20 Jan 2025.  Lord Justice Arnold delivered the lead judgment with which Lord Justi...